1, filing criteria According to the provisions of Article 274 of China's Criminal Law, extortion of public or private property, if the amount is large, should be filed. This crime is a sum of money, and the perpetrator extorts public or private property, which must reach a large amount to constitute this crime, and the investigation organ can file a case for investigation. According to the "Regulations on Determining the Amount of the Crime of Extortion" adopted by the Supreme People's Court on April 28th, 2000, the amount of public and private property extortion generally starts from 1000 yuan to 3,000 yuan, and the specific amount shall be subject to the specific standards stipulated by local courts.
2. Elements of conviction criteria:
(1) The object of infringement is the ownership of public and private property and other legitimate rights and interests of the victim, such as personal rights and privacy rights. But the main object is the ownership of public and private property.
(2) Objectively speaking, the actor used threats or coercion to force the property owner and custodian to submit, put public and private property under the control of the actor or a designated third person, and provide property benefits. The time to obtain property can force the other party to hand it over on the spot or within a time limit.
(3) The subject is a general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the subject of this crime.
(4) Subjectively, it is direct and intentional, with the purpose of illegally occupying public or private property or property interests. If the perpetrator uses threats or coercion to ask the other party to repay the legal debts owed or perform the obligations, it does not constitute this crime, and may constitute the crime of illegal detention.
3. Sentencing standard According to Article 274 of the Criminal Law of China, whoever extorts money shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. According to the Supreme People's Court's Provisions on Determining the Amount of the Crime of Extortion, the amount of extortion of public and private property generally ranges from 1000 yuan to 3000 yuan, and the amount of extortion of public and private property is huge, ranging from 1000 yuan to 30000 yuan. The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in their respective regions, study and determine the specific amount standard of extortion crimes committed in their respective regions within the above-mentioned amount range, and report it to the Supreme People's Court for the record.
Legal basis: Article 274 of the Criminal Law of People's Republic of China (PRC) commits extortion and is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. According to the Supreme People's Court's Provisions on Determining the Amount of the Crime of Extortion, the amount of extortion of public and private property generally ranges from 1000 yuan to 3000 yuan, and the amount of extortion of public and private property is huge, ranging from 1000 yuan to 30000 yuan. The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in their respective regions, study and determine the specific amount standard of extortion crimes committed in their respective regions within the above-mentioned amount range, and report it to the Supreme People's Court for the record.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
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